1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. On September 25, 2014, around 09:50 on September 25, 2014, the Plaintiff was asked to verify that personal information was leaked from his/her name deceased.

After about 15 minutes, the Plaintiff was called to transfer money to a safe account from a person with no name who is an investigator working for the intelligence crime investigation team at the Seocho Police Station in Seoul.

B. On September 25, 2014, the Plaintiff transferred KRW 5,800,000 from his KB National Bank account to the JB Bank account under the name of Defendant B, and KRW 3,600,000 from the KB Bank account under the name of Defendant C to the KB Bank account under the name of Defendant C, and deposited KRW 5,80,000 into the new bank account under the name of Defendant D.

C. Due to the withdrawal of deposits from Defendant B’s account, 6,982 won remains in the current account in Defendant B, 36 won in the account in Defendant C’s name, and 5,800 won in the account in Defendant D’s name.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including the branch numbers), the result of each order to submit financial transactions to the Jinjin Saemaul Depository, the Korea Development Bank, and the new bank, the purport of the whole pleadings

2. The Plaintiff asserts that, around the other hand, the Plaintiff sought money as stated in the claim as compensation, since the Defendants aided and aided the Defendants to commit a tort by informing the Defendants’ account holder and passwords under the name of the Defendants, and that, in preliminary case, the money transferred to the Defendants’ account constitutes a benefit obtained without legal grounds, and thus, the Plaintiff sought money as stated in the claim as a return of unjust enrichment.

3. Determination

A. In order to impose liability for damages caused by negligence on the transferor of a means of access on the ground that an electronic financial transaction was conducted through the means of access due to tort, the said electronic financial transaction constitutes a tort, the means of access, based on the specific circumstances at the time of transfer of the means of access.